(A) The Town Magistrate shall set a date for hearing on the request or appeal within 15 days of the court’s receipt of the request or appeal.
(B) The hearing shall be informal and without a jury, except that testimony shall be given under oath or affirmation. The technical rules of evidence do not apply, except for the statutory provisions relating to privileged communications. The Town Magistrate may make orders to determine the truth and decide the case fairly and efficiently. The burden of proof at the hearing shall be on the town by a preponderance of the evidence.
(C) The Town Magistrate shall:
(1) Render a decision within 15 days of the hearing.
(2) Prepare findings and a decision.
(3) Mail the findings and decision to all the parties to the request or appeal, by certified mail unless at the conclusion of the hearing a decision is rendered and communicated to the parties.
(D) Rule 7 of the Arizona Rules of Procedure in civil traffic violation cases shall govern requests for recusal of the Town Magistrate.
(E) Rules 12 and 13 of the Arizona Rules of Procedure in civil traffic violation cases shall govern representation by counsel in these proceedings.
(Res. 1840-22, passed 10-3-2022; Ord. 717-22, passed 10-17-2022)